Raziya Begum vs The Union Of India
2025 Latest Caselaw 5625 Tel

Citation : 2025 Latest Caselaw 5625 Tel
Judgement Date : 22 September, 2025

Telangana High Court

Raziya Begum vs The Union Of India on 22 September, 2025

Author: Nagesh Bheemapaka

Bench: Nagesh Bheemapaka

     THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
               WRIT PETITION No.24135 OF 2025

ORDER:

This Writ Petition is filed aggrieved by the inaction of the 2nd

respondent in refusing to issue passport to the petitioner vide

letter Ref.No.OBJ/1049773208/25, dated 06.08.2025 in Passport

Application File No.HY7065279701025, is illegal and

consequently, direct respondent No.2 to issue passport to the

petitioner vide refusal order dated 06.08.2025.

2. Heard Sri K.Venkat Reddy, learned counsel for the

petitioner, Sri Angothu Nehru, learned Central Government

Standing Counsel appearing for respondent Nos.1 and 2, and

learned Government Pleader for Home for respondent No.3.

Perused the record.

3. Learned counsel for the petitioner submits that the issue

raised in this writ petition is squarely covered by the order of this

in W.P.No.14753 of 2025, dated 11.06.2025, wherein this Court

relying upon the guidelines issued by the Hon'ble Apex Court as

well as this Court in various judgments where issuance of

passports are pending on the ground of registration of criminal

cases, held that pendency of criminal cases is not a ground to

refuse passport.

4. Learned counsel for the petitioner further submits that

following the said decision, recently, this Court passed orders in

WP.No.17367 of 2025, dated 25.06.2025, directing the

respondents to consider the application of the petitioner, subject

to certain conditions as mentioned therein.

5. Learned counsel for the petitioner further submits that the

petitioner's daughter, Amtul Afreen, is currently residing in

abroad and pregnant, with a high-risk pregnancy. Her expected

delivery is in five weeks, and doctors have advised that petitioner's

presence is necessary for proper care during and after delivery,

the respondent authorities may be directed to consider petitioner's

passport application so as to enable the petitioner to take care of

her pregnant daughter.

6. On the above submission being made, learned Standing

Counsel appearing for respondent No.2 does not dispute the

aforesaid position of law and stated that he has no objection if this

Court were to direct the authorities for considering the petitioner's

passport application, subject to the conditions, as mentioned in

W.P.No.14753 of 2025 and W.P.No.17367 of 2025.

7. In view of the aforesaid submissions, this Court deems it

appropriate to dispose of the writ petition in terms of the orders in

W.P.No.14753 of 2025, dated 11.06.2025 and W.P.No.17367 of

2025.

8. Accordingly, the Writ Petition is disposed of directing the

respondent No.2 to consider the petitioner's passport application

No.HY7065279701025, dated 22.06.2025 and take steps for

release of the passport in due compliance of the findings of the

Hon'ble Supreme Court in the case of Vangala Kasturi

Rangacharyulu Vs. Central Bureau of Investigation 1, subject

to the following conditions:

i. The petitioner shall submit an undertaking along with an affidavit before the learned Additional Judicial First Class Magistrate at Jagityal, in C.C.No.199 of 2023, stating that she will not leave India during the pendency of the C.C without permission of the Court and that she will cooperate with the trial Court in concluding the criminal proceedings. ii. The Trial Court shall issue a certified copy of the undertaking and affidavit within a period of two (02) weeks from the date of filing of the undertaking.

iii. The petitioner shall submit the certified copy of the aforesaid undertaking along with the reply/explanation before the concerned Passport Officer for consideration of her application for issuance of passport.

iv. The Passport Authority shall consider the documents in the light of the observations made by the Courts as well as the undertaking and other documents filed by the petitioner. The petitioner shall also be at liberty to rely on the decisions in this regard. The petitioner shall deposit the original passport before the trial Court in criminal case after issuance of the passport. The petitioner shall be at liberty to file an application before the learned Additional Judicial First Class Magistrate at Jagityal, seeking permission to travel outside India and the learned Magistrate, shall consider the same in accordance with law.